Minutes 12-07-2015 - Laserfiche WebLink

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Recommendation The Manager recommends the Board: 1. Receive the Planning Board and Planning Director's recommendation on the Preliminary Plat application for the Henderson Woods Subdivision, 2. Discuss the proposal as desired, and 3. Approve the Preliminary Plat as submitted and the Resolution of Approval contained in Attachment 7. Commissioner Jacobs asked if there is a party responsible for taking care of the sidewalks along the public right of way. Patrick Mallett said most of the sidewalks are outside of the public right of way, and the residents or Home Owner's Association (HOA) would take care of the sidewalks, as well as the gazebo, and any other areas along the right of way. Commissioner Jacobs said it is nice to know who is responsible for these types of things. Patrick Mallett said the Applicant has worked with Duke Forest to make sure that other trails were not needed. Commissioner Jacobs asked if this is considered a rural area. Patrick Mallett said somewhere between rural and urban, and it is zoned rural-buffer. Commissioner Jacobs referred to an issue that arose during the neighborhood meeting where residents expressed concern regarding the amount of increase of cars. He said this impact could be very different for a rural community versus an urban one. He said it would be nice to be able to apply metrics to situations like these, and hopes Planning is working on this issue. Commissioner Price asked if the water feature is a pond. Patrick Mallett said the Applicant wants to use it as an amenity, but has yet to define it. Commissioner Pelissier referred to the protection of existing trees, and asked if there is way this is communicated to the homeowners. Patrick Mallett said there is a commitment to do this in the primary areas, which are jurisdictional streams; wetlands, that may or may not be jurisdictional streams that would require additional permitting; and the perimeter buffer along the edges. He said the Applicant anticipates having to do storm water and erosion control for the roads. He said the Applicant has an established track record of limiting the amount of disturbance for the single-family lots. Commissioner Pelissier said she is asking about when an individual home is purchased, how does the homeowner know the boundaries of where it is permissible to cut trees. Patrick Mallett said the lot is surveyed and recorded and the rest would be controlled by the HOA. Michael Harvey, Orange County Current Planning Supervisor, said when one buys a lot, part of due diligence review is reviewing the covenants, the deed restrictions and the play, which includes areas that need to be left undisturbed. He said once this plat gets recorded the zoning regulations will be more clear. Commissioner Pelissier said the HOA is responsible for preserving open space. Michael Harvey said yes. Tom Heavner, the Applicant, said his experience in previous sub-divisions is that at point of sale, the homeowner is aware of these limitations. He said the HOA assumes the responsibilities for making sure of this and enforcing it. He said this is an urbanizing area though zoned rural buffer, noting it is within two miles from Wal-Mart. He said these sub- divisions like streetlights and sidewalks, and he works with the appropriate partners to install these amenities in non-traditional ways. Commissioner Rich said residents in her neighborhood have gone into open spaces, disrupting them. She said this does not typically happen with the original homeowners, but rather when properties are sold.